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Security assessment of suppliers of telecommunications infrastructure for the provision of services in 5G technology
Affiliation:1. Observer Research Foundation, New Delhi, India;2. Max Planck Institute for Innovation and Competition, Munich, Germany;3. Attorney at Law (New York), Technical University Munich (TUM), School of Management and Affiliated Research Fellow at the Max Planck Institute for Innovation and Competition, Munich, Germany;1. Department of Law, Xi''an Jiaotong University, Xianning West Road, Beilin District, Xi''an City, Shaanxi Province, 710049, China;2. Department of Law, Xi''an Jiaotong University, Shaanxi Province, China;1. Full Professor of Private Comparative Law at Sant''Anna School of Advanced Studies, Pisa, Italy;2. Postdoc Researcher in Private Comparative Law at Sant''Anna School of Advanced Studies, Pisa, Italy
Abstract:The process of commencing services based on 5G technology has begun. One condition for starting up 5G technology is the distribution of the frequencies required for the provision of those services. For the first time in the process of making frequencies available, requirements have arisen pertaining to the security of the infrastructure necessary for the provision of those services. In the EU, recommendations have been drawn up, based in particular on an NISCG report entitled Cybersecurity of 5G networks EU Toolbox of risk mitigating measures. In this article, an analysis is made of the implementation of those recommendations concerning suppliers of infrastructure, based on examples from selected EU countries, in order to ensure that such assessments are objective and transparent. In some cases, the provisions implementing the recommendations do not fully protect the fundamental rights of the entities assessed as foreseen in EU and domestic law, particularly the right to a fair trial before an independent court. I propose certain changes in the regulations pertaining to suppliers of telecommunications equipment.
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